When considering a case, a participant in the process may need to postpone or postpone the hearing to a later date. This may be due to the need to contact a professional lawyer, provide new evidence, conclude an amicable agreement. The right to receive qualified legal assistance is enshrined in the Constitution of the Russian Federation, the court cannot refuse to postpone the case if it takes time to contact a lawyer. The civil procedure is strictly regulated, the grounds and procedure for postponing the hearing are enshrined in the Code of Civil Procedure.
Necessary
documents confirming the inability to participate in the meeting: a copy of a sick leave, a travel certificate, travel tickets
Instructions
Step 1
On the initiative of a party to the case. If it is known in advance about the need to postpone, file a petition at the beginning of the meeting (after familiarizing yourself with the procedural rights), justify the reasons for postponing the case. The petition can be prepared in writing and submitted to the court. Oral statements are recorded in the minutes of the meeting. The petition is resolved by the court without being removed to the deliberation room, taking into account the opinion of the other persons participating in the case.
Step 2
Provide documents confirming the inability to participate in the meeting: a copy of the sick leave, travel certificate, travel tickets. When deciding on the petition, the court takes into account the validity of the reasons. The adjournment of the case may be refused, t.to. the law establishes time limits for the consideration of the case. For example, the consideration of civil cases must be completed within two months from the date of receipt of the claim in court.
Step 3
On the initiative of the determination, the reasons for the postponement are indicated, the actions that need to be taken by the participants in the process, the date of the next meeting is indicated, taking into account the time it takes to notify the participants (absent) and obtain evidence.
Step 4
On the initiative of both sides. The parties can jointly declare the need to postpone the date of the meeting in connection with the performance of procedural actions, for example, conclude an amicable agreement, resolve the dispute through the mediation procedure (i.e., resort to the help of a mediator, mediator).
